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Question & Answers

Prescription Drug Claims

Who is liable for harm suffered from prescription drugs?
Can you have a pharmaceutical claim for a non-prescription drug?
What drugs are most commonly found in drug litigation claims?
What does the term "off-label" mean?

My pharmacist gave me the wrong medicine. Do I have a case?

Who is liable for harm suffered from prescription drugs?
Depending on the facts of your individual case, liable parties can range from the drug manufacturer, to your treating physician, to the pharmacy that dispensed the medication.

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Can you have a pharmaceutical claim for a non-prescription drug?
You may have a claim against the drug manufacturer or seller.

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What drugs are most commonly found in drug litigation claims?
Among many others, the following are the most common drugs found in litigation claims:

  • Accutane
  • Crestor
  • Enbrel/Etanercept
  • Ephedra
  • Meridia
  • Oxycontin
  • Paxil
  • Premarin
  • Prempro
  • Redux
  • Rezullin
  • Serzone
  • Stadol
  • Thimerosal
  • Vioxx
  • Zyprexa

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What does the term "off-label" mean?
"Off label" refers to the use of a drug in ways other than described in the FDA-approved label. It is legal for physicians to prescribe medications for off-label uses; however, it is not legal for drug companies to promote unapproved uses or distort information about a medication's off-label benefits.

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My pharmacist gave me the wrong medicine. Do I have a case?
Yes, if you have been injured.

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